Saiyad Mohammad Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49692 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== SAIYAD MOHAMMAD ABBAS Son of Saiyad Ali Resident of VillageSatjora, P.S.-Daraunda, District-Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-08-2019 Heard both sides.

The petitioner apprehends his arrest in Daraunda P.S. case No. 43 of 2019 registered under Section 341, 323, 324, 325, 307, 379, 504/34 of the IPC.

The informant alleged that while he was going to purchase nails, his uncle Saiyad Ali and his son Saiyad Md. Abbas, the petitioner, assaulted him with Farsa and Khanti. The uncle of the informant gave repeated blow with Farsa. The petitioner gave repeated blow with Khanti on his leg causing fracture injury.

The learned counsel for the petitioner submits that the occurrence took place on 01.03.2019. The doctor examined the informant on 01.03.2019 and found plaster on right leg from hip joint to foot and did not give information with regard to injury

Patna High Court CR. MISC. No.49692 of 2019(2) dt.08-08-2019 2/2 No.1 but the final injury report was given only on 07.06.2019. It is submitted that when the informant was examined by the doctor, the doctor found plaster on his leg. There was no injury on the leg of informant and the petitioner has falsely been implicated in the case on account of land dispute. The petitioner happens to be own cousin of the informant but it appears that the informant made his statement on the date of occurrence in the hospital and the doctor examined him on 01.03.2019 and immediately thereafter the doctor put plaster on the right leg of the informant from joint of hip to foot. On X-ray, which was done on the same day, there was fracture of shaft of tibia and petitioner is author of the injury.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T